Steven Juma Munigankiko vs Theresia Andrea, Misc civil Application no 26 of 2021.

This case explains about the remedy of the case which has been dismised for non appearance of Plaintiff which the matter was from primary court nad now has been in High court of Tannaznia at Bukoka Usb regsitry.

The court had this to say:

There is no evidence from the respondent that the applicant was aware that the
case was dismissed on 03/03/2021, until 12/05/2021 when he became aware of
that fact. In this application, the delay was not inordinate, after becoming aware
that the said appeal was dismissed, the applicant brought the present application
promptly, thus it cannot be said that the applicant was negligent. Indeed, the
delay of ten days had been satisfactorily accounted for by the applicant. In the
event, the first application is hereby granted.

I now turn to the 2nd application. It is trite law that appeals for Primary Courts are
governed by the Civil Procedure (appeals in Proceedings Originating in Primary
Courts) Rules G.N. No. 312 of 1964.

Rule 17 provides that-
Where an appeal has been dismissed under sub rule (2) of 13 in default
of appearance by the appellant, he or his agent may apply to the
appellate court for the re-admission of the appeal; and if the court is
satisfied that he was prevented by any sufficient cause from appearing
either personally or by agent when in the appeal was called for hearing
it may re-admit the appeal on such terms as to the costs or otherwise as
it thinks fit”.

In the present application, Appeal No.2 of 2019 was dismissed on 03/03/2021 for
the non- appearance of the applicant or his agent. The argument by the learned
counsel for the respondent that the proper remedy was appeal to the Court of
Appeal of Tanzania is wrong since there herein above rule is self -explanatory.